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Family Law and Practice WS10 D1
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Family Law and Practice WS10 D1
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LEGAL PRACTICE COURSEFamily Law
Workshop 10
Topic(s):
The Cohabiting Family
Financial Responsibility for Children of the Family
Learning Outcomes:
By the end of this session you will be able to:
Appreciate the differences between the legal position of a cohabiting family and a
married/civil partnership family
Advise a cohabiting client on the steps available to avoid future disputes
Considering the financial responsibility towards children of a family
Session Activities:
Group work on various case studies
Materials Attached:
Pre-Session Task: Task 1 – Advance Instructions
Pre-Session Task: Task 2 – Child Maintenance Problems
In-Session Task: Task 3 – Client: Julie Cornes
In-Session Task: Task 4 – Client: Jenny Brown
Documents to Be Released:
Answer to Child Support questions (d2e – online/moodle only)
Preparation for Session:
Read Chapter 7, 16 and 13.10 of the manual
Bring your manual to the session
Post-Session:
Review the issues raised in this session.
, Topics
Child Support Agency* (new topic)– when one parent no longer lives with the family
Cohabitees and property rights
Cohabitees, Married couples and maintenance
CSA: Key Provisions - Summary
• Dealt with by the Dept of Works and Pensions (not court) dealt with by the Government
• “Child” = unmarried person under 16 or under 20 in f/t education (which is not advanced
education) so not at university, they are undertaking some form of apprenticeship etc
• One or both parents must be “non-resident” one parent at least must not live with child
• Parent = natural or adoptive parent (does not cover step parent) non-resident parent
must pay for the upkeep and maintenance of their child, provided child is unmarried,
under 16, or under 20 (in full time education)
• Parents must reside in UK (certain exemptions apply – civil service, armed forces etc.)
• Covers married and unmarried parents (financial obligation once a parent)
• Non-resident parent need not know that the child is his -
– However calculation can still be made if:
– “father” was married to the married at time of conception to birth of child;
– “father” was registered/named as father on the birth certificate; or
– “father” has refused to take a paternity test (see s.26 CSA 1991)
• The court can order a paternity test (but then there will be a protracted court
case, then it will take time for the tests to be carried out, and in which the father
may not be paying the child, but those arrears can be collected once the test
shows they are the father)
Note: remember, the CSA have the duty to collect maintenance from the non-resident parent,
but there are some exceptions where they do not have to pay/pay little
• Exceptions apply but all non-resident parents (even on Social Security) must pay
towards their children
• CSA can track down non-resident parent (e.g. via NI number, relatives) to obtain
payment
• Personal Information is kept confidential – sometimes the resident parent is reluctant to
give information as e.g. the mother suffered DV and there might be retaliation, but the
resident parents information will be kept confidential e.g. mothers address
• Statutory calculations and certain deductions are made (shared care/other children)
use online calculator, in the assessment will not be expected to do the calculation as in
practice there is the online character – but will be expected to advice on the calculation
e.g. stating the deductions – e.g. shared care (spend time with non-resident), other
children the father has to maintain
• If non-resident parent has a gross income over £3,000 p/w – carer of child can apply to
the court for a “top up” (£3,000 p/w is the max income allowed under the CSA)
• Also apply to the court for a “top-up” for education expenses (school fees, uniform,
books, sports, school outings etc.) if the calculation is not enough, then carer of the
children can apply for more money, so children can live according to their needs so
Agency deals with the calculation, if not enough then the mother can apply to the court
for a top up
• Also apply to the court for a ‘top up” for a child with a disability
• Parents can avoid CSA and make their own agreement dealing with child maintenance =
best practice – so CSA can do calculation, or parents can avoid by own agrement
– Family-based arrangements = but not legally binding
– Maintenance agreements = a contract but dangers with enforcement (there is a risk
of being able to show that there is no intention to create legal relations, and even if it
is found to be a contract, it is the contractual remedies which may not be
appropriate)
2
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